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prorogatio de loco in locum (proh-roh-gay-shee-oh dee loh-koh in loh-kam). [Law Latin) Hist. Prorogation (of jurisdiction) from one place to another.

prorogatio de tempore in tempus (proh-roh-gay-shee-oh dee tem-pa-ree in tem-pas). [Law Latin]. Prorogation (esp. of jurisdiction) from one time to another.

prorogation (proh-ra-gay-shan). 1. The act of putting off to another day; esp., the discontinuance of a legislative session until its next term. 2. Civil law. The extension ofa court s or judge s jurisdiction by consent of the parties to a case that it would otherwise be incompetent to hear. prorogative, adj.

prorogue (proh-rohg or pra-), 1. To postpone or defer. 2. To discontinue a session of (a legislative assembly, esp. the British Parliament) without dissolution. 3. To suspend or discontinue a legislative session.

proscribe 1. To outlaw or prohibit; to forbid. 2. Roman & civil law. To post or publish the name of (a person) as condemned to death and forfeiture of property.

proscription 1. The act of prohibiting; the state of being prohibited. 2. A prohibition or restriction. Cf. PRESCRIPTION (1). proscriptive, adj.

prosecutable adj. (Of a crime or person) subject to prosecution; capable of being prosecuted.

prosecute 1. To commence and carry out a legal action <because the plaintiff failed to prosecute its contractual claims, the court dismissed the suit>. 2. To institute and pursue a criminal action against (a person) <the notorious felon has been prosecuted in seven states>. 3. To engage in; carryon <the company prosecuted its business for 12 years before going bankrupt>. prosecutory, adj.

prosecuting attorney See DISTRICT ATTORNEY.

prosecuting witness See WITNESS.

prosecution 1. The commencement and carrying out of any action or scheme <the prosecution of a long, bloody war>. 2. A criminal proceeding in which an accused person is tried <the conspiracy trial involved the prosecution of seven defendants>. - Also termed criminal prosecution.

prosecution history See FILE WRAPPER.

prosecution laches See LACHES.

prosecution laches In a claim for patentinfringement, the eqUitable defense that the patentee did not timely enforce the patent rights. 2. The equitable doctrine by which a court denies relief to a claimant who has unreasonably delayed in asserting the claim, when that delay has prejudiced the party against whom reHefis sought. Cf. LIMITATION (3). "The doctrine of laches ... is an instance of the exercise of the reserved power of equity to withhold relief otherwise regularly given where in the particular case the granting of such relief would be unfair or unjust." William F. Walsh, A Treatise on Equity 472 (1930).

prosecution-history estoppel See ESTOPPEL.

prosecution-history estoppel The doctrine limiting a patent-holder's invocation of the doctrine of equivalents by eliminating from the claims those elements that the holder surrendered or abandoned during the prosecution of the patent. - Also termed estoppel on the record; file-wrapper estoppel. See DOCTRINE OF EQUIVALENTS.

prosecution-laches doctrine See CONTINGATION-APPLICATION LACHES DOCTRINE.

prosecutor 1. A legal officer who represents the state or federal government in criminal proceedings. See DISTRICT ATTORNEY; UNITED STATES ATTORNEY; ATTORNEY GENERAL. - Also termed public prosecutor; state attorney; public commissioner.

prosecutorial discretion See DISCRETION (4).

prosecutorial discretion A prosecutor's power to choose from the options available in a criminal case, such as filing charges, prosecuting, not prosecuting, plea-bargaining, and recommending a sentence to the court.

prosecutorial immunity The absolute immunity of a prosecutor from civil liability for decisions made and actions taken in a criminal prosecution.

prosecutorial immunity See IMMUNITY.

prosecutorial misconduct Criminal law. A prosecutor s improper or illegal act (or failure to act), esp. involVing an attempt to avoid required disclosure or to persuade the jury to wrongly convict a defendant or assess an unjustified punishment. If prosecutorial misconduct results in a mistrial, a later prosecution may be barred under the Double Jeopardy Clause.

prosecutorial vindictiveness The act or an instance of intentionally charging a more serious crime or seeking a more severe penalty in retaliation for a defendant s lawful exercise of a constitutional right.

prosecutrix (pros-a-kyoo-triks). Archaic. A female prosecutor.

prosequi (prahs-a-kwI), vb. [Latin) To follow up or pursue; to sue or prosecute. See NOLLE PROSEQUI.

prosequitur (pra-sek-wa-tar or proh-). [Latin) He follows or pursues; he prosecutes.

prosocer (proh-sa-sar). [Latin) Civil law. A father-in-law s father; a spouse s grandfather.

prosocerus (pra-sos-a-ras). [Latin] Civil law. A wife s or husband s grandmother.

prospect theory See INCENTIVE-TO-COMMERCIALIZE THEORY.

prospectant evidence (pra-spek-tant). Evidence that, before someone does an act, suggests that the person might or might not do the act. This evidence typically falls into any of five categories: (1) moral character or disposition, (2) physical and mental capacity, (3) habit or custom, (4) emotion or motive, and (5) plan, design, or intention.

prospectant evidence See EVIDENCE.

prospective 1. Effective or operative in the future <prospective application of the new statute>. Cf. RETROACTIVE. 2. Anticipated or expected; likely to come about <prospective clients>.

prospective law See prospective statute under STATUTE.

prospective damages See DAMAGES.

prospective damages- Future damages that, based on the facts pleaded and proved by the plaintiff, can reasonably be expected to occur.

prospective heir An heir who may inherit but may be excluded; an heir apparent or an heir presumptive. Cf. expectant heir.

prospective heir See HEIR.

prospective law See prospective statute under STATUTE.

prospective nuisauce See anticipatory nuisance under NUISANCE.

prospective statute A law that applies to future events.

prospective statute See STATUTE.

prospective waiver See WAIVER (1).

prospectus (pra-spek-tas). A printed document that describes the main features ofan enterprise (esp. a corporation s business) and that is distributed to prospective buyers or investors; esp., a written description of a securities offering Under SEC regulations, a publicly traded corporation must provide a prospectus before offering to sell stock in the corporation. PI. prospectuses. See REGISTRATION STATEMENT. Cf. TOMBSTONE.

prostitute A person who engages in sexual acts in exchange for money or anything else of value. child prostitute. A child who is offered or used for sex acts in exchange for money. Some people object to this phrase because the term "prostitute" suggests a degree of voluntariness or choice on the child s part, which is often not true. An alternative without those connotations is prostituted child.

prostituted child See child prostitute under PROSTITUTE.

prostituted child See child prostitute under PROSTITUTE.

prostitution 1. The act or practice of engaging in sexual activity for money or its equivalent; commercialized sex. "Prostitution is not itself a crime in England or Scotland, although certain activities of prostitutes and those who profit from prostitution are prohibited, such as soliciting in a public place, procuring, letting premises for the purpose of prostitution and so forth. On the other hand. prostitution was, at least at one time, prohibited in all American jurisdictions." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 470 (3d ed. 1982).

protected activity Conduct that is permitted or encouraged by a statute or constitutional provision, and for which the actor may not legally be retaliated against. For example, Title VII of the Civil Rights Act prohibits an employer from retaliating against an employee who opposes a discriminatory employment practice or helps in investigating an allegedly discriminatory employment practice. An employee who is retaliated against for engaging in one of those activities has a claim against the employer. 42 USCA § 2000e-3(a).

protected class A class ofpeople who benefit from protection by statute, such as Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, sex, national origin, or religion. 2. 'lbe order or rank in which people or things are arranged <she flew first class to Chicago>. 3. A group of people, uncertain in number <a class of beneficiaries>.

protected class See CLASS (1).

protected person See PERSON (1).

protected person 1. A person for whom a conservator has been appointed or other protective order has been made. 2. A person who is protected by a rule of international law; esp., one who is in the hands of an occupying force during a conflict. Protected persons are entitled to a standard of treatment (including a prohibition on coercion and corporal punishment) under the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1949). 3. English law. An inhabitant of a protectorate of the United Kingdom. Though not a British subject, such a person is given diplomatic protection by the Crown. 2. The living body of a human being <contraband found on the smuggler s person>. 3. An entity (such as a corporation) that is recognized by law as having most of the rights and duties of a human being. In this sense, the term includes partnerships and other associations, whether incorporated or unincorporated. So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance, and this is the exclusive point of view from which personality receives legal recognition." John Salmond, Jurisprudence 318 (Glanville L Williams ed., 10th ed. 1947).

protecting power A country responsible for protecting another country s citizens and interests during a conflict or a suspension of diplomatic ties between the citizens country and a third party. After a protecting power is accepted by both belligerents, it works to ensure the proper treatment of nationals who are in a belligerent s territory, esp. prisoners of war. If the parties cannot agree on a protecting power, the International Committee of the Red Cross is often appointed to this position.

protection 1. The act of protecting. 2. PROTECTIONISM. 3. COVERAGE (1). 4. A document given by a notary public to sailors and other persons who travel abroad, certifying that the bearer is a U.S. citizen. protect, vb.

Protection and Advocacy for Individuals with Mental Illness Act A 1986 federal statute that provides funding for the state-level establishment of independent organizations dedicated to monitoring and protecting the rights of mentally ill citizens. 42 U.S.c. §§ 10801-10851. Formerly titled the Protection and Advocacy for Mentally III Individuals Act, this statute was renamed in the Children s Health Act of 2000 (114 Stat. 1101).

Protection and Advocacy for Mentally III Individuals Act See PROTECTION A:SD ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS ACT.

protection covenant Oil & gas. The implied promise in an oil-and-gas lease that the lessee will protect the property against the loss of oil and gas by drainage from the prodUcing reservoir by drilling one or more offsetting wells. The covenant applies only if a reasonably prudent operator would drill the additional wells. Also termed covenant to protect against drainage. See REASONABLY PRUDENT-OPERATOR STANDARD.

protection covenant See PROTECTION COVENANT.

protection covenant- See PROTECTION COVENANT.

protection money 1. A bribe paid to an officer as an inducement not to interfere with the criminal activities of the briber. Examples include payments to an officer in exchange for the officer s releasing an arrestee, removing records of traffic violations from a court files, and refraining from making a proper arrest. 2. Money extorted from a business owner by one who promises to "protect" the business premises, with the implied threat that if the owner does not pay, the person requesting the payment will harm the owner or damage the premises.

protection order See RESTRAINING ORDER (1).

protectionism The protection of domestic businesses and industries against foreign competition by imposing high tariffs and restricting imports. - protectionist, adj.

protective appeal See APPEAL.

protective appeal A precautionary appeal filed by counsel when the client might otherwise lose an effective right to appeal. A protective appeal is typically filed when (1) a client's motion to intervene has been denied, and the trial court is entering other orders that the client wants to appeal, (2) counsel has doubts about where to appeal, (3) counsel has doubts about the length of the appeal period, or (4) the client must preserve uncertain or contingent rights. Also termed precautionary appeal.

protective committee A group of security holders or preferred stockholders appointed to protect the interests of their group when the corporation is liqUidated or reorganized.

protective custody See CUSTODY (1).

protective custody 1. The government's confinement of a person for that person's own security or well-being, such as a witness whose safety is in jeopardy or an incompetent person who may harm him- or herself or others. 2. Family law. An arrangement intended to protect a child from abuse, neglect, or danger whereby the child is placed in the safety of a foster family after being removed from a home or from the custody of the person previously responsible for the child>scare. 3. An arrangement made by law-enforcement authorities to safeguard a person in a place other than the person's home because of criminal threats to harm the person. 2. Family law. The care, control, and maintenance of a child awarded by a court to a responsible adult. Custody involves legal custody (decision-making authority) and physical custody (caregiving author ity), and an award of custody usu. grants both rights. In a divorce or separation proceeding between the parents, the court usu. awards custody to one of them, unless both are found to be unfit, in which case the court may award custody to a third party, typically a relative. In a case involving parental dereliction, such as abuse or neglect, the court may award custody to the state for placing the child in foster care if no responsible relative or family friend is willing and able to care for the child. - Also termed child custody; legal custody; managing conservatorship; parental functions. See managing conservator (2) under CONSERVATOR; PARENTING PLAN.

protective order See PROTECTIVE ORDER.

protective order 1. A court order prohibiting or restricting a party from engaging in conduct (esp. a legal procedure such as discovery) that unduly annoys or burdens the opposing party or a third-party witness. 2. RESTRAINI:sG ORDER (1).

protective prindple The doctrine that a sovereign state has the power to assert jurisdiction over a person whose conduct outside its boundaries threatens its security or could interfere with the operation of its government functions.

protective search See SEARCH.

protective search A search of a detained suspect and the area within the suspects immediate control, conducted to protect the arresting officers safety (as from a concealed weapon) and often to preserve evidence. A protective search can be conducted without a warrant. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034 (1969). Also termed search incident to arrest; Chimel search (sha-mel).

protective sweep A police officer s quick and limited search conducted after the officer has lawfully entered the premises - based on a reasonable belief that such a search is necessary to protect the officer or others from harm.

protective tariff A tariff designed primarily to give domestic manufacturers economic protection against price competition from abroad, rather than to generate revenue.

protective tariff See TARIFF (2).

protective trust See TRUST.

protector 1. An unrelated, disinterested overseer of a trust who possesses broader authority than a trustee. Protectors are usu. appOinted to manage off shore trusts, but the concept is slowly being applied to domestic trusts, Protectors often possess broad powers to act for the benefit of the trust, as by removing trustees and clarifying or modifying trust terms to promote the settlor s objectives. For these reasons, a protector is generally not a trustee or beneficiary of the trust. Cf. TRUSTEE. 2. A person who, haVing been named in an instrument creating a fee tail, has the responsibility of exercising discretion over whether the tenant in tail may bar the entail. - Also termed protector of the settlement. The only additional restriction imposed upon the alienation of an estate tail is that the consent of the person who is called the Protector of the settlement is necessary to its being effectually barred. Alienation by tenant in tail without this consent binds his own issue, but not remaindermen or reversioners, and creates what is called a base fee. The Protector of the settlement is usually the tenant for life in possession; but the settlor of the lands may appoint in his place any number of persons not exceeding three to be together Protector during the continuance of the estates preceding the estate tail." Kenelm E. Digby, An Introduction to the History of the Law of Real Property 255 (5th ed. 1897).

protectorate (pra-tek-ta-rat). 1. The relationship between a weaker nation and a stronger one when the weaker nation has transferred the management of its more important international affairs to the stronger nation. 2. The weaker or dependent nation within such a relationship. 3. (usu. cap.) The period in British history from 1653 to 1659 - during which Oliver Cromwell and Richard Cromwell governed. 4. The British government in the period from 1653 to 1659.

protege 1. A person protected by or under the care or training of another person or an entity, esp. one who is established or influential. 2. International law. A nation that is under the protection ofanother nation. 3. International law. A person who is a citizen of a protected nation or otherwise recognized by treaty as a protected person.

protest 1. A formal statement or action expressing dissent or disapproval. Under some circumstances, a protest is lodged to preserve a claim or right. 2. A notary public s written statement that, upon presentment, a negotiable instrument was neither paid nor accepted. Also termed initial protest; noting protest. Cf. NOTICE OF DISHONOR. "Noting or initial protest is a memorandum made on [a dishonoreq] instrument, with the notary s initials, date, and the amount of noting charges, together with a statement of the cause of dishonor, such as no effects, not advice, or no account. This is done to charge the memory of the notary, and should be done on the day of dishonor." Fred¬ erick M. Hinch, john s American Notary and Commission of Deeds Manual § 442, at 281 (3d ed. 1922). 3. A formal statement, usu. in writing, disputing a debt s legality or validity but agreeing to make payment while reserving the right to recover the amount at a later time. The disputed debt is described as under protest. 4. Tax. A taxpayer s statement to the collecting officer that payment is being made unWillingly because the taxpayer believes the tax to be invalid. 5. A formal communication from one subject of international law to another objecting to conduct or a claim by the latter as violating international law. 6. Patents. A proceeding in the U.S. Patent and Trademark Office to determine patentability of an invention after a third party has challenged it in a petition. Unlike in a public use proceeding, the protestant has no right to participate in the proceeding beyond filing the petition and supporting documents. 37 CFR 1.291. Cf. PUBLIC-USE PROCEEDING. protest, vb.

protest certificate A notarial certificate declaring (1) that a holder in due course has recruited the notary public to present a preViously refused or dishonored negotiable instrument, (2) that the notary has presented the instrument to the person responsible for payment or acceptance (the drawee), (3) that the instrument was presented at a given time and place, and (4) that the drawee refused or dishonored the instrument. In former practice, the notary would issue a protest certificate, which could then be presented to the drawee and any other liable parties as notice that the holder could seek damages for the dishonored negotiable instrument. Also termed notarial protest certificate. See NOTICE OF DlSHONOR.

protest fee A fee charged by a bank or other financial institution when an item (such as a check) is presented but cannot be collected.

protestando (proh-ta-stan-doh). [Law Latin] Protesting. This emphatic word was used in a protestation to allege or deny something in an oblique manner.

protestant Patents. A person who files a protest petition with the U.S. Patent and Trademark Office challenging the patentability of an invention. See PROTEST.

protestatio contraria facto (proh-tes-tay-shee-oh kan-trair-ee-a fak-toh). [Law Latin]. Protestation inconsistent with one s conduct while protesting.

protestation (prot-a-stay-shan). 1. Common-law pleading. A declaration by which a party makes an oblique allegation or denial of some fact, claiming that it does or does not exist or is or is not legally sufficient, while not directly affirming or denying the fact. The practice of protestation of facts not denied arose where the pleader, wishing to avail himself of the right to contest in a future action some traversable fact in the pending action, passes it by without traverse, but at the same time makes a declaration collateral or incidental to his main pleading, importing that the fact so passed over is untrue. The necessity for this arose from the rule that pleadings must not be double, and that every pleading is taken to admit such matters as it does not traverse. Such being its only purpose, it is wholly without effect in the action in which it occurs ...." Benjamin J. Shipman, Handbook of Common-Law Pleading § 207, at 358 (Henry Winthrop Ballantine ed., 3d ed. 1923). 2. Scots law. A defendant s act in a civil case to compel a pursuer (plaintiff) who has failed to take the necessary procedural steps either to proceed or to allow the action to fall.

prothonotary (pra-thon-a-ter-ee or proh-tha-noh-ta¬reel, n. A chief clerk in certain courts of law. Also termed protonotary. prothonotarial, adj.

protntor (proh-t[y]oo-tar). Civil law. A person who, though not legally appointed as a guardian, administers another s affairs.

protocol 1. A summary of a document or treaty. 2. A treaty amending and supplementing another treaty. 3. The formal record of the proceedings of a conference or congress. - Also termed prod~s-verbal. 4. The minutes of a meeting, usu. initialed by all participants after confirming accuracy. 5. The rules of diplomatic etiquette; the practices that nations observe in the course of their contacts with one another.

protonotary See PROTHONOTARY.

prout de lege (proh-at dee [or di] lee-jee). [Law Latin] According to law. Proof prout de lege is proof by any legal means, as distinct from proof limited to writing. - Also termed prout de jure (proh-at dee [or di] joor-ee). "A proof prout de jure is a proof by all the legal means of probation - viz.: writ, witnesses, and oath of party; although, in practice, the phrase is usually applied to a proof of facts and circumstances by parole, in contradistinction to a proof limited to writ or oath of party." William Bell, Bell s Dictionary and Digest of the Law of Scotland 871 (George Watson ed., 7th ed. 1890).

prout patet per recordum (proh-at pay-tet par ri-kor-dam). [Latin]. As appears by the record.

provable adj. Capable of being proved.

prove To establish or make certain; to establish the truth of (a fact or hypothesis) by satisfactory evidence.

prove up To present or complete the proof of (something) <deciding not to put a doctor on the stand, the plaintiff attempted to prove up his damages with medical records only>.

prover A person charged with a felony who attempts to obtain a pardon by confessing and naming accomplices.

prove-up The establishment of a prima facie claim. A prove-up is necessary when a factual assertion is unopposed because even without opposition, the claim must be supported by evidence.

provided 1. On the condition or understanding (that) <we will sign the contract provided that you agree to the following conditions>. For the Latin antecedent of this term, see DUM MODO. 2. Except (that) <all permittees must be at least 18 years ofage, provided that those with a bona fide hardship must be at least 15 years of age>. 3. And <a railway car must be operated by a full crew ifit extends for more than 15 continuous miles, provided that a full crew must consist ofat least six railway workers>.

provident plea See PLEA (1).